The Justice Centre for Constitutional Freedoms (JCCF) announced the COVID-19 charge against Ottawa resident William Vogelsang for playing basketball by himself was withdrawn at the request of the Crown attorney. .“Our client is thrilled with the outcome and excited to move on with his life after facing this charge for over three years,” said JCCF-funded lawyer Christopher Fleury in a Thursday press release. .“While we would have preferred that William not be charged in the first place, this is the best possible outcome for him.”.The release said Vogelsang was ticketed in 2020 for contravening an order made under the Emergency Management and Civil Protection Act. It added his transgression was playing basketball alone in a local park. .The Ontario government declared a state of emergency to respond to COVID-19 in 2020. Public places such as parks were closed for any form of gathering, but some exercise outdoors was allowed. .The release went on to say Vogelsang — who was 17 years old at the time — went to a local park to get some fresh air and play basketball by himself one month after the state of emergency was declared. It said two Ottawa By-law officers approached and informed him the park was closed except for walk-throughs. .He told the officers he believed playing basketball as a group was banned, but he could play by himself. He said he would leave voluntarily. .Vogelsang identified himself verbally to the officers, but he did not have any identification with him. He offered to have his mother send a photo or have it brought to the park. .Instead, the officers called the Ottawa Police Service (OPS) to confirm his identity. He was detained by the by-law officers for more than 20 minutes while they waited for the OPS to arrive. .Despite being detained, he was not read his rights or permitted to speak to a lawyer. After his identity was confirmed, he was issued an $880 ticket. .His ticket made national headlines. .Vogelsang completed the back of the ticket, requested a trial date, and mailed it to the local courthouse. The court issued a notice of trial via mail in March — almost three years later. .His trial was scheduled to proceed on Thursday. .The release continued by saying Fleury raised several issues with the Crown attorney, including the lengthy delay, officers not facilitating his right to counsel while detained, and the lack of public interest in continuing the prosecution. He made several follow-up requests for additional disclosure and was informed the second by-law officer had no notes and no recollection of the interaction. .On the date of the scheduled trial, the Crown attorney withdrew the charge and informed the court there was no reasonable prospect of conviction.
